What's in the state's updated marijuana law

With just a signature, Gov. Inslee allowed Washingtonians to finally pass that joint, amongst other things

Zosha Millman
| on May 16, 2017

Photo: GENNA MARTIN, SEATTLEPI.COM

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Twenty-six states and the District of Columbia allow for some sort of marijuana market. And with Canada working on building its own recreational pot system, the entire West Coast just lit up green.

Here's

Twenty-six states and the District of Columbia allow for some sort of marijuana market. And with Canada working on building its own recreational pot system, the entire West Coast just lit up green.

Here's how the rules differ across the board.

Photo: SeattlePI

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Where does the West Coast stand on cannabis? Generally pro, with all the states up and down the coast (and Colorado) approving recreational pot use for adults.

Click through the slideshow to see how the states'

Where does the West Coast stand on cannabis? Generally pro, with all the states up and down the coast (and Colorado) approving recreational pot use for adults.

Click through the slideshow to see how the states' laws vary on some of the big stuff.

Photo: JOSHUA BESSEX/SEATTLEPI.COM

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How much can you have in Washington?

An adult who is at least 21 years of age can possess up to an ounce of marijuana for personal use. You can have more depending on the type (16 ounces of solid,

How much can you have in Washington?

An adult who is at least 21 years of age can possess up to an ounce of marijuana for personal use. You can have more depending on the type (16 ounces of solid, cannabis-infused product or 72 ounces of infused liquids) but cannot open a package containing marijuana in view of the general public.

Can I grow it? Not right now. There’s some legislation in the works but, for now, recreational users cannot home-grow.

Photo: WIN-Initiative, Multiple

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How much can you have in Oregon?

Adults 21 and over are allowed to possess one ounce of usable marijuana while in public. Like Washington, users are allowed higher quantities if the cannabis is in solid or

How much can you have in Oregon?

Adults 21 and over are allowed to possess one ounce of usable marijuana while in public. Like Washington, users are allowed higher quantities if the cannabis is in solid or liquid form (16 or 72 ounces, respectively). Privately, Oregon users can possess up to eight ounces of usable marijuana (the other limits stay the same, however).

Can I grow it? Yes! Recreational users (again, of the legal age) can purchase seeds, immature plants and more from licensed retailers and are allowed to have four marijuana plants per household. Oregon lawmakers want to be very clear that this does not mean four plants per person.

Photo: Don MacKinnon, Getty Images

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How much can you have in Canada?

It's not legal yet, but here are the rules as they stand now for July 2018 implementation: You must be at least 18 (though provinces are free to set higher age limits) to

How much can you have in Canada?

It's not legal yet, but here are the rules as they stand now for July 2018 implementation: You must be at least 18 (though provinces are free to set higher age limits) to purchase up to one ounce of marijuana. You can possess up to 30 grams of legal cannabis; that's just a little more than an ounce.

Coloradans (and visitors) who are at least 21 can purchase and possess up to one ounce of retail marijuana at a time.

Can I grow it? Yep – any adult resident

How much can you have in Colorado?

Coloradans (and visitors) who are at least 21 can purchase and possess up to one ounce of retail marijuana at a time.

Can I grow it? Yep – any adult resident can grow up to six marijuana plants per person, so long as no more than three are in the mature/flowering stage at any given time. They must also be kept in a fully enclosed and locked space. Don’t get too excited about counting heads, though; no more than 12 total plants are allowed per residence regardless of the number of adults living there. And you definitely can’t sell home-grown pot to others.

Photo: Santiago Mejia, Special To The Chronicle

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How much can you have in California?

Adults 21 and over can legally grow, possess and share up to one ounce of flowers or eight grams of concentrate. Currently, there aren’t any retail stores where

How much can you have in California?

Adults 21 and over can legally grow, possess and share up to one ounce of flowers or eight grams of concentrate. Currently, there aren’t any retail stores where you can buy weed legally (aside from already established dispensaries, which require a green card) but it’s legal!

Can I grow it? Yes siree! So long as your grow is done in a “fully enclosed and secure” way, you are permitted to grow six plants at one time (again, regardless of how many people are in that household).

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How much can you have in Alaska?

If you're over 21 you can possess 1 ounce for personal use, with up to 4 ounces allowed in your home at any given point in time.

Can I grow it? You can! Adults of legal age

How much can you have in Alaska?

If you're over 21 you can possess 1 ounce for personal use, with up to 4 ounces allowed in your home at any given point in time.

Can I grow it? You can! Adults of legal age can grow and give away as many as six marijuana plants, provided that no more than three can be mature and flowering at any one time.

Photo: Joe Dyer/seattlepi.com File

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Washington tax: 37 percent on all retail sales of any marijuana product.

Where does it go? That money ($534 million in the past two years alone) goes largely towards public health programs – things like

Washington tax: 37 percent on all retail sales of any marijuana product.

Where does it go? That money ($534 million in the past two years alone) goes largely towards public health programs – things like Medicaid, substance abuse prevention efforts, community health centers and marijuana education.

The remaining money gets divided up among the Liquor and Cannabis Board (which regulates the state’s pot market), local governments that allow marijuana sales within their boundaries, and the state's general fund (which makes up about half of 1 percent of the state’s projected operating budget for the 2017-19 biennium).

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Oregon tax: The state tax rate on marijuana is 17 percent (municipalities can enact an additional tax of up to 3 percent, if approved by voters).

Where does that go? Oregon uses its marijuana tax revenue to

Oregon tax: The state tax rate on marijuana is 17 percent (municipalities can enact an additional tax of up to 3 percent, if approved by voters).

Where does that go? Oregon uses its marijuana tax revenue to cover costs for administering the tax. Remaining funds after that are dispersed across a common school fund (40 percent); mental health, alcoholism, and drug services (20 percent); State Police (15 percent); cities, for local law enforcement (10 percent); counties, for local law enforcement (10 percent); and the Oregon Health Authority, for alcohol and drug abuse services (5 percent).

Photo: Donald Weber, Getty Images

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Canada tax: Many of the rules, in their current proposed form, will be left up to the provinces – they can even own their own establishments if they wish – so things like retail regulation,

Canada tax: Many of the rules, in their current proposed form, will be left up to the provinces – they can even own their own establishments if they wish – so things like retail regulation, distribution and price are TBD. For now, no federal taxes or licensing fees are contained in the bills.

Where will it go? Also to be determined. Studies have shown that proceeds from existing sales taxes alone would generate about $675 million in 2018 for the nation.

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Colorado tax: Retail marijuana sales in the state are subject to 10 percent state marijuana tax, 2.9 percent sales tax and any local sales tax.

Where does it go? Fifteen percent of the aforementioned

Colorado tax: Retail marijuana sales in the state are subject to 10 percent state marijuana tax, 2.9 percent sales tax and any local sales tax.

Where does it go? Fifteen percent of the aforementioned 10 percent will be divided up between local governments, depending on the percentage of tax revenues collected within the municipality boundaries. The 15 percent retail marijuana excise tax goes toward Colorado public school construction – or at least the first $40 million of it. Any revenue above that will be transferred to the Public School Fund.

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Alaska tax:

Alaska law puts the excise tax burden on the cultivators, who pony up $50 per ounce for any part of the bud and flower, and $15 for every ounce of the remainder of the plant.

Where does it go? Half

Alaska tax:

Alaska law puts the excise tax burden on the cultivators, who pony up $50 per ounce for any part of the bud and flower, and $15 for every ounce of the remainder of the plant.

Where does it go? Half of the tax revenue goes to the state's general fund. The other half gets appropriated for programs that aim to curb the number of repeat criminal offenders.

Photo: JOSHUA TRUJILLO, SEATTLEPI.COM

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What’s the medical market look like in Washington?

These days it’s been rolled up into one: The dispensaries once associated with medical-only are no longer allowed, in favor of a single, merged

What’s the medical market look like in Washington?

These days it’s been rolled up into one: The dispensaries once associated with medical-only are no longer allowed, in favor of a single, merged marketplace.

Where medical marijuana was previously untaxed and almost completely unregulated, it must now be purchased in the same regulated stores that sell recreational cannabis products. MMJ patients are subject to the same rules and taxes as recreational users, except that they are exempt from sales tax. As of 2017, medical users can also buy seeds directly from producers.

Photo: Jeff Barnard, AP

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What’s the medical market look like in Oregon?

Oregon patients can still get a marijuana card, and the limits that they have are higher. Oregon MMJ patients can possess (or purchase from a dispensary

What’s the medical market look like in Oregon?

Oregon patients can still get a marijuana card, and the limits that they have are higher. Oregon MMJ patients can possess (or purchase from a dispensary in one day) up to 24 ounces of usable marijuana, and are allowed up to six mature plants.

Once Oregon users have received their cards, they are permitted to shop in medical marijuana dispensaries.

Photo: Richard Lautens, Getty Images

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What’s the medical market look like in Canada?

The “cannabis for medical purposes regime” will continue to exist, though Canadian officials have recommended that the government monitor and

What’s the medical market look like in Canada?

The “cannabis for medical purposes regime” will continue to exist, though Canadian officials have recommended that the government monitor and evaluate patients’ access to MMJ during implementation. From there, the government intends to evaluate the medical access framework sometime within five years of implementation.

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What’s the medical market look like in Colorado?

Interested Coloradans can get a “Red Card” in order to be part of the state’s MMJ system. It’s a bit of a process, but since

What’s the medical market look like in Colorado?

Interested Coloradans can get a “Red Card” in order to be part of the state’s MMJ system. It’s a bit of a process, but since Colorado keeps its medical system separate from its recreational system, patients will pay less in taxes, grow more plants and choose from a greater variety of bud.

Plus, those two ounces you can now carry? Typically made up of much more potent bud and edibles.

Photo: Haven Daley

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What’s the medical market look like in California?

California will be keeping its medical and recreational markets separate, much to the joy of medical marijuana consumers. It allows them to be

What’s the medical market look like in California?

California will be keeping its medical and recreational markets separate, much to the joy of medical marijuana consumers. It allows them to be exempt from things like the standard state sales tax (if they have their ID cards with them).

Photo: Gilles Mingasson, Getty Images

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What's the medical market look like in Alaska?

Alaska has also kept its medical market viable, allowing interested patients to receive a green card. However the limitations on how much they can have (1

What's the medical market look like in Alaska?

Alaska has also kept its medical market viable, allowing interested patients to receive a green card. However the limitations on how much they can have (1 ounce for marijuana and six plants with no more than half at the flowering stage) is the same as the recreational market.

Gov. Jay Inslee on Tuesday signed into law a massive marijuana bill, which runs the gamut in terms of coverage.

After the state Legislature passed Senate Bill 5131 last month, Gov. Inslee finally approved the measure, which brings tweaks large and small to the state's marijuana policy.

But before you go looking for weed seeds, read through the breakdown of the rules in order to stay on the Washington State Liquor and Cannabis Board's (LCB) good side. Here's what's new in Washington's weed laws:

You can puff-puff-pass legally now

Adults of legal smoking age can now share marijuana with other adults so long as there’s no money exchanging hands and it’s not more than the legal limit for Washington (one ounce of usable flower).

Medical patients can buy seeds directly from producers

Medical marijuana consumers can now directly buy pot plants and seeds from producers.

Under new language from the bill, qualifying patients who enter the state’s medical marijuana database can purchase immature plants or clones and seeds directly from producers. Those who don’t sign up for the database will be able to grow up to four plants in their homes (under current Washington law) but won’t technically have a legal way of acquiring those plants.

And recreational users may soon see a home-grow system

S.B. 5131 also instructs the LCB to examine the viability of allowing recreational users to grow their own marijuana in a way that complies with the federal government’s enforcement priorities.

There's no promise they'll come out in favor of home-grow, but it's at least a step toward the LCB telling us why it should or shouldn't be allowed to.

No marijuana "Joe the Camel"

Advertising under the new rules will look a bit different: The bill prohibits marijuana licensees from “directly or indirectly (targeting) youth in the advertising, promotion, or marketing of marijuana and marijuana products.” That means there will be no toys, characters or images that might cause youths to be interested in marijuana in an ad.

Businesses are also prohibited from developing a “commercial mascot” that would be “used for attracting the attention of motorists and passersby” to make them aware of marijuana products or business. The language here includes inflatable tube displays, persons in costumes (of human beings, animals or mechanical devices), and sign spinners.

Billboards also cannot feature pot on them. They can use the billboard solely to identify the name or nature of the business and directions to the store. It’s the Ron Swanson of billboards, basically.

Finding an “organic” path

The bill instructs the LCB to adopt regulations for marijuana that are similar to the “organic” labels for food under federal guidelines. Technically, they won’t be called organic, because (what else?) the organic standard is a federal regulation, and marijuana is still illegal under federal law.

Instead, the LCB will develop regulations that dictate how marijuana can be grown in a way that mimics organic production, which will then allow products to be labeled as compliant with the state’s standards for “organically” grown pot.

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Of the cannabis shops that have franchised, so far none have opened more than three locations. That’s because, until now, that was the cap on the number of stores a retailer or individual who had a “financial or other ownership interest in” could operate. That now gets bumped up to five.

Tribal oversight will be needed to get licensed on tribal land

S.B. 5131 also requires the LCB to receive approval from a federally recognized Indian tribe before granting a license on tribal land. This is one of those regulations that won't change the rights of many Washington stoners, but is important in terms of respecting sovereign rights and immunity.

Forfeiting applications

There are also limits on how long a marijuana retailer has to get their store operational. If that marijuana retailer is not fully operational and open to the public within two years (and there's no extenuating circumstances explaining their delay) their license may be forfeited. Those extenuating circumstances have to be out of the licensee's control, and if it's related to an issue with the town or county's zoning or other regulatory measures, then LCB cannot require forfeiture.

Licensing and disclosure for businesses see an upgrade

Licensed marijuana businesses can now enter into licensing agreements or consulting contracts for things like "employee cooperative, association, nonprofit corporation, or corporations," goods and services, trademarks and trade secrets information.

S.B. 5131 also exempts trade secrets and other proprietary information of a licensed marijuana business from disclosure under the state's Public Disclosure Act.